Meet Our Esteemed Hospital Sexual Abuse Lawyer, Thomas Giuffra 

A partner of Rheingold Giuffra Ruffo Plotkin & Hellman LLP, Thomas Giuffra specializes in the litigation and trial of high-profile civil sexual abuse cases, as well as significant medical malpractice lawsuits. Thomas Giuffra has been called “a most outstanding advocate for his clients and a most formidable adversary for anyone up against him” by his peers and has received international acclaim for his outstanding work. Tom specializes in high-profile cases involving sexual abuse and has successfully represented clients in cases against Dr. Darius Paduch, Dr. Robert Hadden and Harvey Weinstein.  

Our firm proudly offers trauma-informed representation to assist our clients navigate the complex range of emotions they may experience. We retain a licensed psychologist on staff and hire renowned expert witnesses in their respective fields to build strong cases. We are committed to representing cases individually, as no sexual abuse lawsuit is the same, and understand that confidentiality is of utmost importance to our clients.  

Civil Versus Criminal Sexual Abuse  

Civil sexual abuse claims are initiated by the victim and aim to secure compensation for damages while holding the responsible party accountable. The defendant in such cases may be an individual—such as a physician or hospital staff member—or an institution like the hospital itself. Unlike criminal proceedings, the burden of proof in civil cases is lower; the plaintiff must demonstrate, by a preponderance of the evidence, that the abuse more likely than not occurred. 

In contrast, criminal sexual abuse cases are brought by the government through law enforcement and prosecutors. These proceedings are focused on penalizing the offender for violating the law. While the survivor may be called to testify, the responsibility for proving the case rests with the government. Criminal penalties may include fines, probation, or incarceration, depending on the severity of the offense. 

In the case of Darius Paduch, in which Attorney Giuffra represents multiple survivors in civil courts, the guilty verdict from Paduch’s criminal trial bolsters the civil cases. A criminal conviction certainly improves the chances of success in civil cases, but it is not necessary to proceed with a civil lawsuit. 

Liability in Hospital Sexual Abuse Cases 

Patients who experience sexual abuse by a physician or other healthcare provider are often unaware of the legal protections available to them under New York law.  

Medical facilities—including hospitals, doctor’s offices, clinics, long-term care homes, and rehabilitation centers—have a legal duty to maintain a safe environment for all patients.  

When sexual assault occurs on their premises, the facility may be held civilly liable under several legal theories, including: 

• Inadequate Security Measures – Facilities that lack appropriate security protocols, such as functioning locks, surveillance cameras, or trained personnel, may be liable for failing to prevent foreseeable harm. 
• Negligent Hiring or Supervision – Institutions may be held responsible if they fail to properly screen employees for prior misconduct or do not adequately monitor staff-patient interactions, creating opportunities for abuse. 
• Failure to Supervise Dangerous Patients – In cases where another patient commits a sexual assault, the facility may bear liability if it failed to monitor or control individuals known to pose a risk to others. 

In some cases, healthcare institutions have been accused of downplaying or concealing incidents of sexual abuse to avoid reputational damage or legal exposure. However, victims have the right to pursue civil claims to hold all responsible parties accountable and seek compensation for the harm they have suffered. 

Statute of Limitations  

As of 2019, the statute of limitations in New York for adults filing civil claims for certain sex crimes, such as criminal sexual acts like doctor sex abuse, is 20 years. This legislation is not retroactive, meaning it’s only relevant to new cases (2019 to present).  

The Child Victims Act of 2019 (CVA) extended the statute of limitations for child sex abuse survivors. Prior to the CVA, the deadline for survivors to file a lawsuit against their abuser was by the age of 23. Survivors may now file civil lawsuits against their abusers until they reach the age of 55. Similar to the ASA, survivors can also file claims against institutions that should have been aware of the abuse. 

Our sexual assault lawyers are prepared to go the distance for survivors of hospital sexual abuse. If this has happened to you, please call our firm at (212) 684-1880 for a confidential and no-obligation consultation. 

What Constitutes Hospital Sexual Abuse? 

Hospital sexual abuse refers to any non-consensual sexual behavior or contact that occurs within a healthcare setting, often involving medical staff and patients.  

The following actions may constitute sexual abuse in a hospital: 

• Inappropriate Touching.  Any non-medically necessary physical contact with a patient’s private areas, especially without consent or under the guise of medical care. 
• Sexual Assault or Rape.  Any form of forced or non-consensual sexual contact or intercourse between a healthcare provider and a patient, visitor, or fellow employee. 
• Performing Unnecessary or Unconsented Exams.  Conducting intimate medical exams (e.g., pelvic or breast exams) without the patient’s informed consent or outside of standard medical practice. 
• Inappropriate Exposure.  Exposing a patient unnecessarily or without consent, particularly in non-private settings or in a way that causes distress or humiliation. 
• Coercion or Manipulation.  Using authority or influence to pressure a patient into sexual acts, including exploiting a patient’s fear, sedation, confusion, or vulnerability. 
• Sexual Misconduct During Sedation or Anesthesia.  Engaging in any form of sexual contact or misconduct while a patient is unconscious or under the influence of medication and unable to give consent. 
• Repeated Violations of Personal Boundaries. Persistent behaviors that ignore a patient’s discomfort or expressed refusal, such as touching, comments, or presence during private moments. 

Reporting the Incident 

Survivors of hospital sexual abuse can report the abuse and initiate an investigation. Complaints against licensed healthcare facilities or professionals can be submitted to the New York State Department of Health (NYDOH).  

It is important to submit a detailed written account of the incident, including the name of the doctor or healthcare provider involved, the location of the facility, and a clear description of what occurred. Any supporting documentation—such as medical records, email or text communications, or witness statements—should be included to strengthen the complaint. Be sure to retain a copy of your submission for your records, along with the date it was filed with the NYSDOH. 

The Manhattan District Attorney’s Office also offers a number of resources to victims of sexual abuse and people acting on behalf of victims. Survivors are encouraged to report any incident of abuse, even if they are unsure of the perpetrator, never saw their face, or if they are unsure a crime was committed.  

Schedule a Confidential Consultation Today 

If you were sexually abused in a hospital, our firm is prepared to investigate all avenues for compensation. We will alert the appropriate authorities and work to prove what happened by gathering witness statements from other medical professionals or patients, surveillance footage, medical records, psych evaluations, and more. 

Contact our doctor sexual abuse lawyers at Rheingold Giuffra Ruffo Plotkin & Hellman LLP  to schedule a confidential consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.